Smith's Ex'or v. Smith
Supreme Court of Virginia
This was a bill filed in the Circuit court of Alexandria county, in August, 1855, by Richard C. Smith, executor, trustee, devisee and legatee of Hugh C. Smith deceased, to obtain a construction of the will of his testator. The heirs, devisees and legatees of Hugh C. Smith were made parties defendants to the suit.
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This was a bill filed in the Circuit court of Alexandria county, in August, 1855, by Richard C. Smith, executor, trustee, devisee and legatee of Hugh C. Smith deceased, to obtain a construction of the will of his testator. The heirs, devisees and legatees of Hugh C. Smith were made parties defendants to the suit. The will bears date on the 25th of July, 1854, and was admitted to probate in the County court of Alexandria county, on the 9th of August, 1854. As almost every part of the will is referred to in the opinion of the judge as bearing upon the construction of the instrument, it is here…
1Opinion of the CourtMohcure, J.
The question to be decided in this case is, whether the residuary clause of the will of Hugh Charles Smith embraces his real estate?
When a man makes his will the presumption, in the absence of evidence to the contrary, is, that he intends thereby to dispose of his whole estate. He often manifests this intention at the commencement of the will by *using such language as this:
*351“I dispose of my estate in the following' manner.”
This or similar language in the beginning of a will has been held in several cases sufficient to enlarge the meaning of words used in the residuary clause so as to make…
2Cited by11 opinions
- Decker v. DeckerIllinois Supreme Court · 1887
- Higgins v. DwenIllinois Supreme Court · 1881
- English v. CooperIllinois Supreme Court · 1899
- Gallagher v. Rowan's Adm'rSupreme Court of Virginia · 1890
- Warner v. WillardSupreme Court of Connecticut · 1886
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